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Supreme Court of India

SHEELA BARSEversusSTATE OF MAHARASHTRA

Citation
1983 INSC 9
Decided
15 February 1983
Disposal
Disposed off

Holding

Legal assistance to poor or indigent prisoners is a constitutional imperative under Articles 39A, 14 and 21, obligating the State to establish mechanisms for legal aid and protection against custodial torture, especially for women detainees.

Summary

The Supreme Court treated a journalist’s letter alleging assault and torture of women prisoners in Bombay police lock‑ups as a writ petition under Article 32. After directing an independent social‑work researcher to verify the allegations, the Court found that legal aid to indigent prisoners is a constitutional imperative under Articles 39A, 14 and 21, and that the State had failed to provide adequate mechanisms, especially for women detainees. The Court issued comprehensive directions to the Maharashtra Prison Authority, Legal Aid Board and police to furnish lists of under‑trial prisoners, ensure regular visits by court‑appointed lawyers, display notices, provide pamphlets on legal rights, and segregate female suspects with female constables. It also mandated that magistrates inform arrestees of their right to medical examination under Section 54 CrPC and that the State Bar Council investigate alleged lawyer misconduct. The petition was disposed of after these directions, emphasizing the State’s duty to ensure legal assistance and protection against custodial violence.

Issues considered

  • Whether the Constitution mandates provision of legal aid to indigent prisoners, including women in police lock‑ups.
  • Whether the State of Maharashtra must implement specific procedural safeguards to protect women prisoners from assault and torture.
  • Whether the State must ensure that arrested persons are informed of their rights, including bail and medical examination under the CrPC.

Legislation cited

Subjects

legal aidprisoners' rightscustodial violencewomen prisonerspolice lock‑upconstitutional rightsArticle 39AArticle 14Article 21Section 41 CrPCSection 54 CrPCbailtortureSupreme Court directions

Judgment

                            .

                                                                              337
                                                                                      A
                                SHEELA BARSE

                                        v.
                     STATE .OF MAHARASHTRA
                                                                                      B
                                February 15, 1983

                   [P.N, BHAGWATI, R.S. PATHAK AND
                        AMARENDRA NATH SEN,          JJ.J
        Legal Aid to the poor-Importance of legal aid to the poor eXplained-
                                                                                      c
Directions given to Prison authorities and police on providing legal aid to the
poor prisoners.

        The petitioner, a journalist, in her letter addressed to this Court stated
that five out of fifteen women prisoners in_terviewed by her in the Bombay
Central Jail alleged that they had been assaulted by the police in the police
lock up and two of them in particular alleged that they had been assaulted and
                                                                                      D
tortured in the lock up. Treating the letter as a writ petition the Court issued
notices to all concerned to show cause why the writ petition should not be
aUowed. In the meanwhile the Director of the College of Social fWork,
Nirmala Niketan, Bombay was directed to interview the women prisoners
without any one else being present and ascertain whether rhe allegations made
to the '·petitioner were correct. The Director, in her report, ~stated among
other .things that there was no adequate <).rrangement for providing legal            E
assistance to women prisoners and that two prisoners who -were foreign
nationals complained that a lawyer duped and ~defrauded tltem and
misappropriated almost half of their belongings and jewellery on the plea that he
was retaining them for payment of his fees.

        Disposing of the pet!tion the court gave the following directions :
                                                                                      F
        Legal assistance to a poor or indigent accuse.d, arrested and put in
jeopardy of his life or personal liberty, is a constitutional imperative mandated
not only by Art. 39A but also by Articles 14 and 21 of the Constitution. It is a
necessary sine qua non of justice and where it is not provided, injustice is likely
to result and every act of injustice c~rrodes the foundations of democracy and
rule of Jaw. It is possible that a prisoner lodged in a jail does not know to
 whom he can turn for help to indicate his innocence or defend his constitutional     G
or legal rights or to protect himself against torture and ill~treatment, oppression
and harassment at the hands of his custodians. It is also possible tha~ he or
the members of his family may have other problems where legal assistance is
required but by reason of his being" incarcerated. it may be difficult if not
impossible for him or the members of his family to obtain proper legal advice or
aid. It is therefore essential that legal assistance must be made available to        H
prisone1s injails wb~tber tbe1 be u0 d•r·tri!lls or convicted prisoners.
                                                                [341 F·H, 342 A-CJ
        338                     SUPREME COURT REPORTS                     (1983) 2 s.c.R.

A               The Inspector General of Prisons in Maharashtra should issue a circular
        to all Superintendents of Jails in Maharashtra requiring tbem to send to the
        Legal Aid Committee of each district in which the jail is situated : (i) a list of     •
        all under-trial prisoners ~~giving the date of entry, the nature of the offence
        showing separately male and female prisoners and (ii) a list giving the parti-
        culars of persons arrested on suspicion under s. 41 of the Code of Criminal
        Procedure who have been in jail be)'ond a period of 15 diiys. The Circular
        should also contain directions; (i) 1:0 pr0viJe fa;ilities to lawyers nominated by
        the concerned district Legal Aid Committee to enter the jail aad to interview the
        prisoners who have expressed their desire to have their assistance ; (ii) to furnish
        to the lawyers nominated by the Legal Aid Ccmmittee whatever information
        is required by them in regard to th': prisoners in jail ; (iii) to put up notices at
        prominent places in the jail that lawyers nominated by the concerned District
        Legal Aid Committee would be visiting the jail on particular "days and that
c       prisoners who wanted their aisist1nc:: CLJ1.lld avail of their counselling services;
        (iv) to allow any prisoallir to meet su:h lawyers. Such interview should be within
        sight but out of hearing of any jail official. [343 D-E, G-H, 344 A-DJ

                 The Maharashtra State Board· of Legal Aid should advbe and instruct


D
        the District Legal Aid Committees to nominate a few selected lawyers to visit
        the jail or jails in the district once in a fortnight to ascertain whether the Jaw
        laid down by this Court and the fligh Court in this respect is being properly
                                                                                               -
        and effectively implemented and to interview the prisoners who express thefr
        desire to obtain legal assistance. The State Board should call for peri0dic
        reports from the district legal aid committees to ensure that these directions are
        being properly carried out. (344 E-H] •

               The Court has given the following further directions :
B
                 (i) Four or five police Jock ups should be selected in reasonably good
        localities where only female suspects should be kept and they should be guarded
        by female constables. Female suspects should not be kept in a police lock up
        in which male suspects are detained. [345 E-FJ                                         .J~


_l.'           (ii) Interrogation of females should be carried out only £in the presence
        of female police officersfconstabl~s. [345 G]

                 (iii) A person arrested n1ust be immediately informed of the grounds of
         his arrest. It must immediately be made knowo to the arrested person that he
        is entitled to apply for bail. Tht~ Mahar<1.shtra State Board of Legal Aid and
        Advice should forthwith get a pamp~let prepared setting out the legal xights of
G       an arrested person. The pamphlets should be in Marathi, Hindi and English.
       ·Printed copies of the pamphlets in all these languages should be affixed in each
       cell in every police lock up. As soon as the arrested person is brought to the
        police station, the pamphlet should be read out to.him in any of the languages
        which he understands. [345 H, 346 A-CJ

H
                (iv) Whenever a person is arrested by the police and taken to the police
        lock up, the police should immediately give intimation of the fact of such
       arrest to the nearest Legal Aid Coffimittee which sho9ld ta~e imme(jiate steps to
                                 SHEELA BARSE v. MAHARASHTRA                             339

          provide legal assistance to him at State cost provided he is willing to accept such     A
          legal assistance. [346 D-E]
..                 (v) In the city of Bombay, a City Sessions Judge, nomi.ted by the
          principal Judge of the City Civil Court, preferably a Jady Judge if' there is one,
          shall make surprise visits to police lock ups in the city periodically with a view
          to providing the arrested persons an opportunity to air their grievances and for
          ascertaining the conditions in the police Ioc_k ups, whether the requisite facilities   B
          are being provided, whether the provisions of law are being observed and that
          these directions are being carried out. If it is found that there are any lapses
          on the part of the police authorities, the City Sessions Judge shall bring them
          to the notice of the Commissioner of Police and if necessary to the notice
          of the Home Department. If even this approach fails, then the City
          Sessions Judge may draw the attention of the Chief Justice of the High
           Court of Maharasbra to such lapses. This directiOn in regard to police lock            c
           ups at the district headquarters shall be carried out by the Sessions Judge of
           the district concerned. [346 F-H, 347 A]

                  (vi) As soon as a person is arrested, the police must immediately obtain

-         from him the name of any relative or friend whom he would like to be informed
          a bout his arrest and the police should get in touch with such relative or friend
          and iaform him about the arrest. [347 B-C]                                              D
                   (vii) The magistrate before whom an arrested person is produCed shall
           enquire from him whether he bas any complaint of torture or· maltreatment in
           police custody and inform him that he has a right under section 54 of the Code
           of Criminal Procedure 1973 to be medically examined. [347 C-D]

                  The Court made the following observations :
                                                                                                  E
     ·.            The profession of Jaw is a noble profession. A lawyer owes a duty to
           the society to help people in distress more so when those in distress are women
           and in jail. Lawyers must positively reach up to those sections of humanity
           who are poor, illiterate and ignorant and who, when they are placed in a crisis
           such as an accusation of crime or arrest or imprisonment, do not know what to
           do or where to go or to whom to turp. If lawyers, in_stead of coming to the            F
           rescue of persons in distress, exploit and prey upon them, ·the legal profession
           win come into disrepute and the large masses of people in the country wou1d
           lose faith in lawyers and that would be destructive of democracy and the rule
            oflaw. [342 F-H, 343 A-BJ

                   ORIGINAL JURISDICTION; Writ             Petition (Cr!.) Nos. 1053-1054
            of 1982.                                                                              G
                   (Under Article 32 of the Constitution of India.

                   Khursheed Ahmed for the Petitioner.
                                                                                                  H
                  K.G. Bhagat Addi. Sol. General, V.B. Joshi and M.N. Shrofl
            for the Respondent.
     340                  SUPRBM~ COURT REl>ORTS           [1983] 2 s.c.1.
A          The Judgment of the Court was delivered by

            BHAGWATI,' J. This writ petition is based on a Jetter addressed
      by SheelW'Jarse, a journalist, complaining of custodial violence to
     women prisoners whilst confined in the police lock up in the city
     of Bombay. The petitioner stated in her Jetter that she interviewed
B    fifteen women prisoners in the Bombay Central Jail with the
     permission of the Inspector General of Prisons between 11 and 17th
     May, 1982 and five out of them told her that they had been assaul-
    ted by the police in the police lock up. Of these five who complained
    of having been assaulted by the police, the petitioner particularly
    mentioned the cases of two, namely, Devamma and Pusbpa Paeen
c   who were allegedly assaulted and tortured whilst they were in the
    police lock up. It is not necessary for the purpose of this writ .
    petition to go into the various allegations in regard to the ill-
    treatment meted out to the women prisoners in the police lock up
    and particularly the torture and beating to which Devamma and
    Pushpa Paeen were said to have been subjected because we do not
D   propose to investigate into the correctness of these allegations which
    have been disputed on behalf of the State_of Maharashtra. But,
    since these allegations were made by the women prisoners inter-
    viewed by the petitioner and particularly by Devamma and Pushpa
    Paeen and there was no ·reason to believe that a journalist like the
    petitioner would invent or fabricate such allegations if they were
E
    not made to her by the women prisoners, this Court treated the
    letter of the petitioner as a writ petition and. issued notice to the
    State of Maharashtra, Inspector General of Prisons, Maharashtra,
    Superintendent, Bombay Central Jail and the Inspector General of
    Police, Maharashra calling upon them to show cause why the writ
    petition should not be allowed. It appears that on the returnable
F   date of the show cause notice 1no affidavit was filed on behalf of any
     of the parties to whom show cause notice was issued and this Court
    therefore adjourned the hearing of the writ petition to enable the
    State of Maharashtra and other parties to file an affidavit in reply to
     the averments made in the letter of the petitioner. This Court also
G    directed that in the meanwhile Dr. (Miss) A.R. Desai, Director of
     College of Social Work, Nirmala Niketan, Bombay will visit the
     Bombay Central Jail and interview women prisoners lodged there
     including Devamma and Pushpa Paeen without any one else being
     present at the time of interview and ascertain whether they had been
H    subjected to any torture or ill-treatment and submit a report to this
     Court on or before 30th August, 1982. The State Go\ernment and
     the Inspector General of Prisons were directed t.o provide all
                      SiIBEi.A BARSE v. MAHARASHTRA (Bhagwati, ),)            J41

                                                                                      A
          facilities to Dr. Miss A.R. Desai to carry out this assignment
          entrusted to her. The object of assigning this commission to Dr.
          Miss A.R. Desai was to ascertain whether allegat\ons of torture and
,    '
          ill-treatment as set out in the letter of the petitioner were, in fact,
          made by the women prisoners including Devamma and Pushpa
          Paeen to the petitioner and what was the truth in regard to such·           B
          allegations. Pursuant to the order made by this Court, Dr. Miss
          A.R. Desai visited Bombay Central prison and after interviewing
          women prisoners lodged there, made a detailed report to this Court.
         The Report is a highly interesting and instructive socio-legal docu-
         ment which provides an insight into the problems and difficulties
         facing women prisoners and we must ex press our sense of gratitude           c
         to Dr. Miss A.R. Deiai for the trouble taken by her in submitting
         such a wonderfully thorough and perceptive report. We are not

    -    concerned here directly with the conditions prevailing in the Bombay
         Central Jail or other jails in the State of Maharashtra because tl)e
         primary question which is raised in the letter of the petitioner
         relates to the safety and security of women prisoners in police lock         D
         up and their protection against torture and ill-treatment. But even
         so we would strong]~ recommend to the Inspector General of
         Prisons, Maharashtra that he may have a look at this. Report made
         by Dr. Miss A.R. Deasai and consider what further steps are
    -·   necessary to be taken in order to improve the conditions in the
         Bombay Central Jail and other jails in t.he State of Maharashtra             E
         and to make life for the women prisoners more easily bearable by
         them. There is only one matter about which we would like to give
         directions in this writ petition and that is in regard to the need to
         provide legal assistance not only to women prisoners but to all
         prisoners lodged in the jails iri the State of Maharashtra. We have
         already had occasion to point out in several decisions given by this
                                                                                      F
         Court that legal assistance to a poor or indigent accused who is
         arrested and put in jeopardy of his life or personal liberty is a
         constitutional imperative mandated not only by Article 39 but also
         by Articles 14 and 21 of the Constitution. It is a necessary sine qua
         non of justice and where it is not provided, injustice is likely to result   G
         and undeniably every act of injustice corrodes the foundations of
         democracy and rule of law, because nothing rankles more in the
         human heart than a feeling of injustice and those who suffer and
         cannot get justice because they are priced out of the legal system,
         lose faith in the legal process and a feeling begins to overtake them        H
         that democracy and rule of law are merely slogans or myths
         intended to perpetuate the domination of the rich and the powerful
     342                 SUPREME COURT REPORTS                [19S3] 2 s.c.a.

    and to protect the establishment and the vested interests. Imagine
    the helpless condition of a prisoner who is lodged in a jail who does
    not know to whom he can turn for help in order to vindicate his
    innocence or defend, his constitutional or legal rights or to protect
    himself against torture and ill-treatment or oppression and harass-
    ment at the hands of his custodians. It is also possible that he
    or the members of his family may have other problems where. legal
    assistance is required but by rea8on of his being incarcerated, it may
    be difficult if not impossible for him or the members of his family
    to obtain proper legal advice or aid. It is therefore absolutely
    essential that legal assistance must be made available to prisoners in
    jails whether they be under-trial or convicted prisoners.

            The Report of Dr. Miss A.R. Desai shows that there is no
     adequate arrangement for providing legal assistance to women
     prisoners and we dare say the situation which prevails in the matter
    of providing legal assistance ir1 the case of women prisoners must
D   also be the same in regard to male prisoners. It is pointed out in
     the Report of Dr. Miss A.R. Desai that two prisoners in the
     Born bay Central Jail, one a German national and the other a Thai
    national were duped and defrauded by a lawyer, named Mohan
    Ajwani who misappropriated almost half the belongings of the
    German national and the jewellery of the Thai national on the plea
E   that he was retaining such belongings and jewellery for payment of
    his fees. We do not know whether this allegation made by these
    two Ge.rman and Thai women prisoners is true or not but, if true,
    it is a matter of great shame for the legal profession and it needs to
    be thoroughly investigated. The profession of law is a noble
    profession which has always regarded itself as a branch of social
F   service and a lawyer owes a duty to the society to help people in
    distress and more so when those in distress are women and in jail.
    Lawyers must realise that law is not a pleasant retreat where we are
    concerned merely with mechanical interpretation of rules made by
    the legislature but it is a teeming open ended avenue through which
    most of the traffic of human existence passes. There are many
G   casualities of this traffic and it is the function of the legal profession
    to help these casualities in a spirit of dedication and service. It is
    for the lawyers to minimise the numbers of those casualities who
    still go without legal assistance. The lawyers must positively reach
H   out to those sections of humanity who are poor, illiterate and
    ignorant and who, when they are placed in a crisis such as an
    accusation of crime or arrest or imprisonment, do not know what
                        SHEELA BARSE v. MAHARASHTRA (Bhagwati, J.)          343

            to do or where to go or to whom to turn. If lawyers, instead of         A
            coming to the rescue of persons in distress, exploit and prey upon
            them, the legal profession will come into disrepute and large masses
            of people io the country would lose faith in lawyers and that would
            be destructive of democracy and rule of law. If it is true-that
            these two German and Thai women prisoners were treated by Mohan
             Ajwani in the manner alleged by them-and this is a question on         B
             which we do not wish to express any opinion ex parte-it deserves
             the strongest condemnation. We would therefore direct that the
             allegations made by the two German and Thai women prisoners as
             set out in paragraph 9.2 of the Report of Dr. Miss A.R. Desai be
             referred to the Maharashtra State Bar Council for taking such
             action as may be deemed fit.
                                                                                    c
                   But, this incident highlights the need for setting up a
            machinery for providing legal assistance to prisoners in jails. There
            is fortunately a legal aid organisation in the State of Maharashtra
            beaded by the Maharashtra State Board of Legal Aid and Advice           D
            which has set up committees at the High Court and district levels.
            We would therefore direct the Inspector General of Prisons in
            Maharashtra to issue a circular to all Superintendents of Police in
            Maharashtra requiring them-

                  (1) to send a list of all under-trial prisoners to the Legal
                                                                                    E
                      Aid Committee of the district in which the jail is
                      situate giving particulars of the date of entry of the
                      under-trial prisoners in the jail and to the extent
                      possible, of the offences with which they are charged
                      and ~howing separately male prisoners and female              F
                       prisoners .
    ...,.

                   (2) to furnish to the concerned District Legal Aid
                       Committee a list giving particulars of the persons
                       arrested on suspicion under section 41 of the Code of
•                      Criminal Procedure who have been in jail beyond a            G
                       period of 15 days.

                   (3) to provide facilities to the lawyers nominated by the
                       concerned District Legal Aid Committee to enter the          ff
                       jail and to interview the prisoners who have expressed
                       their desire to have their assistance.
    344                  SUPREME COURT REPORTS              [J983j 2 S.C.R.

          (4) to furnish to the lawyers'11ominated by the concerned
              District Legal Aid Committee whatever information is             •
              required by them in regard to the prisoners in jail.

          (5) to put up notices at prominent places in the jail that
              lawyers nominated by the concerned District Legal Aid
B             Committee would be visiting the jail on particular
              days and that any prisoner who desires to have their
              assistance can meet them and avail of their counselling
              services; and

          (6) to allow any prisoner who desires to meet the lawyers
              nominated by the concerned District Legal Aid
              Committee to interview and meet such lawyers regard-
              ing any matter for which he requires legal assistance
              and such interview should be within sight but out of
              hearing of any jail official.

D
           We would also direct that in order to effectively carry out
    these directions which are being lgiven by us to the Inspector
    General of Prisons, the Maharashtra State Board of Legal Aid and
    Advice will instruct the District Legal Aid Committees of the
    districts in which jails are situate to nominate a couple of selected
E   lawyers practising in the district court to visit the jail or jails
    in the district atleast once in a fortnight with a view to
    ascertaining whether the law laid down by the Supreme Court
    and the High Court of Maharashtra in regard to the rights
    of prisoners including the right to apply for bail and the right
    to legal aid is being properly and effectively implemented and
F   to interview the prisoners who have expressed their desire to
    obtain legal assistance and to provide them such legal assistance as
    may be necessary for the purpose of applying for release on bail or
    parole and ensuring them adequate legal representation in courts,
    including filing or preparation of appeals or revision applications
    against convictions and legal aid and advice in regard to any other
G   problems which may be facing them or the members of their
    families. The Maharashtra State Board of Legal Aid & Advice
    will call for periodic reports from the district legal aid committees
     with a view to ensuring that these directions given by us are being
    properly carried out. We would also direct the Maharashtra State
H    Board of Legal Aid and Advice to pay an honorarium of Rs. 25/-
    per lawyer for every visit to the jail together with reasonable travell-
    ing expenses from the court house t.o jail and back. These directions
                     SllEELA BARSB v. MAHARASHTRA (Bhagwati, J.)          345

         in so far as the city of Bombay is concerned, shall be carried out     A
         by substituting the High Court Legal Aid Committee for the
         District Legal Aid Committee, since there is no District Legal aid
         committee in the city of Bombay but the Legal Aid Programme is
         carried out by the· High Court Legal Aid Committee. We may
         point out that this procedure is being followed with immense
          benefit to the prisoners in jails by the Tamil Nadu State Legal Aid   B
          & Advice Board.

                We may now take up the question as to bow protection can
         be accorded to the women prisoners in police lock ups. We put
         forward several suggestions to the learned advocate appearing on
         behalf of the petitioner and the State of Maharashtra in tloe course
                                                                                0
         of the bearing and there was a meaningful and constructive debate
         in court. The State of Maharashtr!l offered its full co-operation
         to the Court in laying down the guidelines which should be followed
         so far as women prisoners in police lock ups are;concerned and most
          of the as suggestions made by us were readily accepted by the State   D
          of Maharashtra. We propose to give the following directions as a
         result of meaningful and constructive debate in court in regard to
         various aspects of the question argued before us.

                (i) We would direct that four or five police lock ups
.   ~·
                    should be selected in reasonably good localities where
                    only female suspects should be kept and they should
                    be guarded by female constables. Female suspects
                    should not be kept in police lock up in which male
                    susiiects are detained. The State of Maharashtra bas
                     intimated to us that there are already three cells where
                    female suspects are kept and are guarded by female              F
                     constables and bas assured the Court that two more
                     cells with similar arrangements will be provided
                     exclusively for female suspects.

                 (ii) We would further direct that interrogation of females
                      should be carried out only in the presence of female          G
                      police officers/constables.

                 (ii) Whenever a person is arrested by the police without
                     warrant, he must be immediately informed of the
                     the grounds of bis arrest and in case of every arrest it       e
                     must immediately be made known to the arrested
    346                  SUPREME COURT REPORTS              [1983] 2 s.c.R.

A              person that he is entitled to apply for bail. The
              Maharashtra State Boa.rd of Legal Aid & Advice will
              forthwith get a pamphlet prepared setting out the legal         •
              rights of an arrested person and the State of
              Maharashtra will bring out sufficient number of
              printed copies of the pamphlet in Marathi which is
8             the lauguage of the people in the State of Maharashtra
              as also in Hindi and English and printed copies of the
              pamphlet in all the three languages shall be affixed in
              each cell in every police lock up and shall be read
              out to the arrested person in any of the three
              languages which he understands as soon as be is
c             bronght to the police station.

          (iv) We would also direcUhat whenever a person is arres-
               ted by the police and taken to the police lock up, the
               police will immediately give an intimation of the fact
               of such arrest to the nearest Legal Aid Committee and
D              such Legal Aid Committee will take immediate steps
               for the purpose of providing legal assistance to the
               arrested person at State cost provided he is wrilling to
               accept such legal assistance. The State Government
               will provide necessary funds to the concerned Legal
               Aid Committee for carrying out this direction.
E
          (v) We would direct that in the city of Bombay, a City
              Sessions Judge, to be nominated by the principal Juge
               of the City Civil Court, preferably a lady Judge, if
              there is one, shall make surprise visits to police lock
              ups in the city periodically with a view to providing the
F             arrested persons an opportunity to air their grievances
              and ascertaining what are the conditions in the police
              lock ups and whether the requi•ite facilities are being
              provided and the provisions of law are being
              observed and the directions given by us are being
              carried out. If it is found as a result of inspection
G
              that there are any lapses on the part of the police
              authorities, the City Sessions Judge shall bring them
              to the notice of the Commissioner of Police and if
              necessary to the notice of the Home Department and
              if even this approach fails, the City Sessions Judge
H             may draw the attention of the Chief Justice of the
              High Court of Mabrashtra to such lapses. This direc·
                  SHEELA BARSB v. MAHARASHTRA (Bhagwati, J.)            347

                tion in regard to police lock ups at the districts head          A
                quarters, shall be carried out by the Sessions Judge of
                the district concerned.

           (vi) We would direct that as soon as a person is arrested,
                the police must immediateiy obtain from him the name
                of any relative or friend whom he would like to be               B
                informed about his arrest and the police should get in
                touch with such relative. or friend and inform him
                about the arrest ; and lastly

           (vii) We would direct that the magistrate before whom
                 an arrested pemm is produced shall enquire from                 c
                 the arrested person whether he has any complaint
                 of torture or mal-treatment in police custody and
                 inform him that he has ·right under section 54 of the
                 Code of Criminal Procedure 1973 to be medically
                 examined. We are aware that section 54 of the Code
                 of Criminal Procedure 1973 undoubtedly provides for             D
                 examination of an arrested person by a medical prac-
                  titioner at the request of the arrested person and it is
                  a right conferred on the arrested person. But very
                  often the arrested person is not aware of this right
_, .              and on account of his ignorance, he is unable to
                  exercise this right even though he may have been               E
                  tortured or malterated by the police in police lock up.
                  It is for this reason that we are giving a specific
                  direction requiring the magistrate to inform the arres-
                  ted person about this right of medical examination in
                  case he has any complaint of torture or maHreatment
                   in police custody.
                                                                                 F

             We have no doubt that if these directions which are being
       given by us are carried out both in letter and spirit, they will afford
       considerable protection to prisoners in police lock ups and save
       them from possible torture or ill-treatment. The writ petition will
       stand disposed of in terms of this order.                                 G

       P.B.R,


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